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“If a man steals an ox or a sheep, and kills it or sells it, he shall pay five oxen for an ox, and four sheep for a sheep.
Verse 1. Five oxen; because they are of greater value than sheep. Theodor.—As these things may easily be stolen, a heavier fine is imposed than on those who steal money. The Scythians punish theft with the utmost severity. Grot.—All these punishments, till the 25th chapter, were inflicted by the judge. Tirinus.
If the thief is found breaking in, and is struck so that he dies, there shall be no guilt of bloodshed for him.
Verse 2. Blood. The reason is, because it could not easily be known whether the thief had not a design upon the life of the people in the house; and therefore, the law gave them authority to defend themselves. But they were not authorized to kill the thief designedly. the laws of Athens and of Rome, permitted nocturnal robbers to be slain, at least when they came armed. Plato de leg. ix. and so forth To defend our goods or honour, by killing the aggressor, is contrary to justice and reason. Calmet.
If the sun has risen on him, he is guilty of bloodshed. He shall make restitution. If he has nothing, then he shall be sold for his theft.
If the stolen property is found in his hand alive, whether it is ox, donkey, or sheep, he shall pay double.
Verse 4. Double. This is an exception from the general law, verse 1, ( Calmet.) because he can more easily make restitution, as he has not sold or destroyed the thing. D.
“If a man causes a field or vineyard to be eaten by letting his animal loose, and it grazes in another man’s field, he shall make restitution from the best of his own field, and from the best of his own vineyard.
“If fire breaks out, and catches in thorns so that the shocks of grain, or the standing grain, or the field are consumed; he who kindled the fire shall surely make restitution.
“If a man delivers to his neighbor money or stuff to keep, and it is stolen out of the man’s house, if the thief is found, he shall pay double.
If the thief isn’t found, then the master of the house shall come near to God, to find out whether or not he has put his hand on his neighbor’s goods.
Verse 8. Gods. “In the presence of the Lord.” Sept.
For every matter of trespass, whether it is for ox, for donkey, for sheep, for clothing, or for any kind of lost thing, about which one says, ‘This is mine,’ the cause of both parties shall come before God. He whom God condemns shall pay double to his neighbor.
Verse 9. Damage. Hebrew “thing lost, which another challengeth.… and whom the judges condemn, he,” and so forth If the person who had deposited a thing, pretended that the one produced was not the same, or not equally good, and failed in proving the charge, he was liable to pay double its value. Calmet.
“If a man delivers to his neighbor a donkey, an ox, a sheep, or any animal to keep, and it dies or is injured, or driven away, no man seeing it;
the oath of the LORD shall be between them both, he has not put his hand on his neighbor’s goods; and its owner shall accept it, and he shall not make restitution.
But if it is stolen from him, the one who stole shall make restitution to its owner.
Verse 12. Stealth, of the person to whom it was entrusted, or by his connivance, as the Hebrew mamu, (de cum eo) “from with him,” intimates. Menochius.
If it is torn in pieces, let him bring it for evidence. He shall not make good that which was torn.
Verse 13. Slain. Or any part of its mangled remains, in proof of his assertion. Syr.
“If a man borrows anything of his neighbor’s, and it is injured, or dies, its owner not being with it, he shall surely make restitution.
Verse 14. Restitution. It is to be presumed he was guilty of some negligence. Calmet.
If its owner is with it, he shall not make it good. If it is a leased thing, it came for its lease.
Verse 15. Especially, and so forth This is a third case, in which the person who lends, suffers all the loss, in consideration of the money which he had received. Others explain, “If he be a hired servant, he shall pay out of his wages.” Syr. Grotius.
“If a man entices a virgin who isn’t pledged to be married, and lies with her, he shall surely pay a dowry for her to be his wife.
If her father utterly refuses to give her to him, he shall pay money according to the dowry of virgins.
Verse 17. Money. Fifty sicles, as it is expressed, Deuteronomy 22:29. If the maid were of high birth, the magistrates might inflict other punishments on the seducer.
“You shall not allow a sorceress to live.
Verse 18. Wizards. Hebrew “a witch.” Women are more given to such delusions, which imply an apostacy from God to serve the devil, and disturb the republic.
“Whoever has sex with an animal shall surely be put to death.
“He who sacrifices to any god, except to the LORD only, shall be utterly destroyed.
Verse 20. Death. Hebrew “shall be anathema,” (erom) which denotes utter destruction both of the person and of his goods. Jonat. 1 Kennicott. 15:3.
“You shall not wrong an alien or oppress him, for you were aliens in the land of Egypt.
Verse 21. Were strangers. The Celtes punished with death the murderer of a stranger, which they only banished him who murdered a citizen. Calmet.
“You shall not take advantage of any widow or fatherless child.
If you take advantage of them at all, and they cry at all to me, I will surely hear their cry;
and my wrath will grow hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless.
Verse 24. Fatherless. Thus God will retaliate upon the oppressors of the poor. Bible.
“If you lend money to any of my people with you who is poor, you shall not be to him as a creditor. You shall not charge him interest.
Verse 25. Poor. Such are often most in want. Usury is not lawful, even with respect to the rich. The Hebrew terms it a bite. Menochius.—“What is usury, said Cato, but to kill a man.” The Romans required thieves to restore double, but usurers were to render four times as much as they had taken. Varro Rustic. i.—Restitution is prescribed, 2 Ezra 5:11. Some Calvinists have stood up in its defence, in opposition to the Scriptures, fathers, and Councils of the Catholic Church. Lend, hoping to gain nothing by it. Lu. 6:35. “Let him who loves money, … lend (in the persons of the poor) to Him who says, Give, and it shall be given to you.” S. Leo ser. The Jews themselves have reprobated usury in any use. Calmet.
If you take your neighbor’s garment as collateral, you shall restore it to him before the sun goes down,
for that is his only covering, it is his garment for his skin. What would he sleep in? It will happen, when he cries to me, that I will hear, for I am gracious.
“You shall not blaspheme God, nor curse a ruler of your people.
Verse 28. Gods. Judges, priests, and so forth Josephus and Philo say, we must not speak ill of strange gods, lest the Gentiles should take occasion to blaspheme the true God, and that we may be farther removed from the danger of taking the name of God in vain, and losing that respect which we owe to it.
“You shall not delay to offer from your harvest and from the outflow of your presses. “You shall give the firstborn of your sons to me.
Verse 29. Tithes. Hebrew “thy plentitude, (first-fruits and tithes) and thy tears;” (or liquors distilled from odoriferous trees) in a word, all that is most excellent. Censorinus (de die nat.) says, excellently well: “They who acknowledged that they had received food, a country, light, and even their very persons, from the bounty of the gods, failed not to consecrate a part of all to the gods, … to the temples and chapels, where they worshipped them.” Calmet.
You shall do likewise with your cattle and with your sheep. It shall be with its mother seven days, then on the eighth day you shall give it to me.
“You shall be holy men to me, therefore you shall not eat any meat that is torn by animals in the field. You shall cast it to the dogs.
Verse 31. Beasts. “Wild beasts.” Sept.—This was to encourage humanity. Theodoret.